Final Order 2

Order Details: Chamber summons
Pdf Text: 1 CS 15122019 IN SUIT 11842018
MHCC010085182019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1512 OF 2019
IN
SUIT NO. 1184 OF 2018
Mr. Shatrughan Omprakash Singh ] ...Plaintiff.
Versus
M/s. Richmond Realtors & Others ]…Defendants.
And
M/s. Jaydeep Creator & Others ]...Respondents.
Appearance:
Ld. Advocate Hira Gummala for Plaintiff.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 4/5/2022
ORAL ORDER
1) Plaintiff has taken out present chamber summons for allowing
him to amend the plaint as per schedule.
2) Perused the chamber summons, affidavit in support of
chamber summons and record. Heard Ld Advocate for plaintiff. As the
defendants and proposed defendants/respondents were absent they could
not be heard.
3) In short it is the contention of plaintiff that during the
pendency of this suit plaintiff came to know that defendant No.1 already
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2 CS 15122019 IN SUIT 11842018
created third party rights of the development project in favour of
respondent. Therefore, it is necessary to bring on record the subsequent
development which transpired during the pendency of the suit. The
respondents are also now necessary party to the present suit. Therefore,
proposed amendment is necessary for adjudication of real controversy
between the parties. No prejudice will be caused to the defendants or
respondents if the chamber summons is allowed. Therefore, Ld Advocate
for plaintiff prayed that chamber summons be made absolute.
4) Perusal of record reveals that plaintiff has filed the present
suit for declaration that transfer of right, title and interest in respect of
SRA project of defendant No.5 and 6 on the suit property by defendant
No.3 in favour of defendant No.1 is illegal, bad in law and void and for
permanent injunction restraining defendant No.1 to 3 from
alienating/transferring or creating any third party right in the said
property. From the affidavit in support of chamber summons it appears
that defendant No.1 has already assigned the rights in lieu of above project
in favour of respondents. Therefore, considering the nature of the suit the
respondents appear to be necessary party. By the proposed amendment
plaintiff want to bring on record the subsequent development which
transpired during the pendency of the suit. Considering the nature of the
suit the proposed amendment appears necessary for deciding real
controversy between the party. No prejudice is likely to be caused to the
defendants or respondents if the chamber summons is made absolute. The
trial is also not commenced.
5) Considering the matter on record and above discussion as the
proposed amendment appears necessary for deciding the real controversy
between the parties and for avoiding the multiplicity of the suit and as no
prejudice will likely to be caused to defendants or respondents, the
chamber summons deserves to be made absolute. Hence, court proceeds to
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pass following order:
ORDER
1. Chamber Summons No. 1512 of 2019 is made absolute.
2. Plaintiffs shall carryout the amendment as per schedule within 14 days
from the date of this order.
3. Chamber Summons No. 1512 of 2019 is disposed off accordingly.
Date : 4/5/2022
(Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on : 4/5/2022.
Transcribed on:4/5/2022.
Checked on :4/5/2022.
Corrected & signed on :6/5/2022.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
9/5/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
4/5/2022
JUDGMENT/ORDER signed by P.O.
on
6/5/2022
JUDGMENT/ORDER uploaded on 9/5/2022
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